Interesting.
It seems the proposed law is about establishing a fair game for all. The harsh penalties would be because it is the other players that are being "ripped off" by playing against a bot. This is in line with most consumer protection laws, which do NOT expect the average consumer to have the knowledge to make their own evaluations on such advanced matters.
Companies sneaking unfair terms into consumer contracts with a view to cheat their customers can ALSO suffer significant penalties. There are certain things that CANNOT be in the terms of a consumer contract, no matter HOW clear.
Companies also need legal protection against fraud, so penalties apply whoever is doing the defrauding.
As a CRIMINAL law, it would be "proof beyond reasonable doubt", which would NOT catch the vast majority of clever bot users, where poker sites have nothing more than statistical analysis of play, and ASSUME this means a bot was far more likely to be playing than a human.
It would be possible to develop a bot that cannot be PROVEN as being in use to the standards of criminal law, evenn though a CIVIL case might rule that a bot was in use, and damages payable.
It would be better for US regulated sites to use CIVIL law first, and only the criminal law when they have a SERIOUS case of very clever bot use and/or collusion.
In terms of detection, what is to stop the use of a real time advisor program on a DIFFERENT PC to that running the poker client. It would not show up in a running processes scan, and the human player would always have to make the plays suggested by the software on the other machine.
This could be further disguised were the player to have TWO broadband providers, on one they run the client, and on the other the cheat software. Even with cooperation from the tool developer, the IP addresses would not match, and it would be impossible to identify the player as the user of the prohibited tool (except by statistical analysis of play, which is not CRIMINAL level proof).
Empty Fruities Astern Capt'n
Back to port for unloading.
Full Sails - before we get raided ourselves.
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